Denver Public Utilities Commission Issues Decision on Longmont's Request to Construct New Highway-Rail Grade Crossing

Strategic Insights -

The Colorado Public Utilities Commission has made a critical decision regarding the City of Longmont's application to construct a new at-grade crossing of the Burlington Northern Santa Fe (BNSF) tracks. The decision, issued on September 11, 2023, acknowledges the intervention of BNSF and establishes a procedural schedule for the hearing. The Commission has also ordered Longmont to file an amendment or supplement to its application by September 19, 2023.

Key Takeaways:

  • The City of Longmont filed an application on June 27, 2023, requesting authority to open a new highway-rail grade crossing at the extension of Boston Avenue with the BNSF tracks and to close the existing crossings of 5th Avenue and Terry Street in Longmont, Colorado.
  • BNSF intervened as the owner of the property that may be affected by the application and filed its intervention on July 19, 2023.
  • The Commission has ordered Longmont to supplement its application, which initially appeared incomplete, and to provide a detailed railroad cost estimate and a schematic diagram of the crossing warning devices.
  • A remote evidentiary hearing will be conducted via videoconferencing using the Zoom platform on October 18, 2023.
  • The parties will use a unified numbering system for all hearing exhibits, with Longmont assigned hearing exhibit numbers 100-199 and BNSF assigned hearing exhibit numbers 200-299.
  • The Commission has retained the discretion to change the method by which the hearing will be conducted, and additional procedural requirements may be addressed in future interim decisions.
  • The Commission has also ordered the parties to comply with the requirements in the decision, including marking and formatting exhibits for electronic evidence presentations.

Statistics:

  • The application was filed on June 27, 2023.
  • BSNF intervened on July 19, 2023.
  • The supplemental filing deadline for Longmont is September 19, 2023.
  • The remote evidentiary hearing will be conducted on October 18, 2023.
  • Longmont will be assigned hearing exhibit numbers 100-199, and BSNF will be assigned hearing exhibit numbers 200-299.

Sources:

  • Public Utilities Commission of the State of Colorado. (2023, September 11). Decision No. C23-0606-I. [Source Code]:
  • Public Utilities Commission of the State of Colorado. (2023, July 7). Deficiency Letter. [Source Code]